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[House Report 109-317]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-317
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

======================================================================
 
       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

                                _______
                                

December 8, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 972]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 972) to authorize appropriations for fiscal years 2006 
and 2007 for the Trafficking Victims Protection Act of 2000, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................    12
Background and Need for Legislation..............................    13
Hearings.........................................................    13
Committee Consideration..........................................    13
Vote of the Committee............................................    14
Committee Oversight Findings.....................................    14
New Budget Authority and Tax Expenditures........................    14
Congressional Budget Office Cost Estimate........................    14
Performance Goals and Objectives.................................    18
Constitutional Authority Statement...............................    18
Section-by-Section Analysis and Discussion.......................    18
Changes in Existing Law Made by the Bill, as Reported............    25

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Trafficking Victims 
Protection Reauthorization Act of 2005''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Prevention of trafficking in conjunction with post-conflict 
and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in 
persons.
Sec. 105. Additional activities to monitor and combat forced labor and 
child labor.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and 
strengthen assistance programs for certain persons subject to 
trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in 
persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The United States has demonstrated international 
        leadership in combating human trafficking and slavery through 
        the enactment of the Trafficking Victims Protection Act of 2000 
        (division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and 
        the Trafficking Victims Protection Reauthorization Act of 2003 
        (Public Law 108-193).
          (2) The United States Government currently estimates that 
        600,000 to 800,000 individuals are trafficked across 
        international borders each year and exploited through forced 
        labor and commercial sex exploitation. An estimated 80 percent 
        of such individuals are women and girls.
          (3) Since the enactment of the Trafficking Victims Protection 
        Act of 2000, United States efforts to combat trafficking in 
        persons have focused primarily on the international trafficking 
        in persons, including the trafficking of foreign citizens into 
        the United States.
          (4) Trafficking in persons also occurs within the borders of 
        a country, including the United States.
          (5) No known studies exist that quantify the problem of 
        trafficking in children for the purpose of commercial sexual 
        exploitation in the United States. According to a report issued 
        by researchers at the University of Pennsylvania in 2001, as 
        many as 300,000 children in the United States are at risk for 
        commercial sexual exploitation, including trafficking, at any 
        given time.
          (6) Runaway and homeless children in the United States are 
        highly susceptible to being domestically trafficked for 
        commercial sexual exploitation. According to the National 
        Runaway Switchboard, every day in the United States, between 
        1,300,000 and 2,800,000 runaway and homeless youth live on the 
        streets. One out of every seven children will run away from 
        home before the age of 18.
          (7) Following armed conflicts and during humanitarian 
        emergencies, indigenous populations face increased security 
        challenges and vulnerabilities which result in myriad forms of 
        violence, including trafficking for sexual and labor 
        exploitation. Foreign policy and foreign aid professionals 
        increasingly recognize the increased activity of human 
        traffickers in post-conflict settings and during humanitarian 
        emergencies.
          (8) There is a need to protect populations in post-conflict 
        settings and humanitarian emergencies from being trafficked for 
        sexual or labor exploitation. The efforts of aid agencies to 
        address the protection needs of, among others, internally 
        displaced persons and refugees are useful in this regard. 
        Nonetheless, there is a need for further integrated programs 
        and strategies at the United States Agency for International 
        Development, the Department of State, and the Department of 
        Defense to combat human trafficking, including through 
        protection and prevention methodologies, in post-conflict 
        environments and during humanitarian emergencies.
          (9) International and human rights organizations have 
        documented a correlation between international deployments of 
        military and civilian peacekeepers and aid workers and a 
        resulting increase in the number of women and girls trafficked 
        into prostitution in post-conflict regions.
          (10) The involvement of employees and contractors of the 
        United States Government and members of the Armed Forces in 
        trafficking in persons, facilitating the trafficking in 
        persons, or exploiting the victims of trafficking in persons is 
        inconsistent with United States laws and policies and 
        undermines the credibility and mission of United States 
        Government programs in post-conflict regions.
          (11) Further measures are needed to ensure that United States 
        Government personnel and contractors are held accountable for 
        involvement with acts of trafficking in persons, including by 
        expanding United States criminal jurisdiction to all United 
        States Government contractors abroad.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT 
                    AND HUMANITARIAN EMERGENCY ASSISTANCE.

  (a) Amendment.--Section 106 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) is amended by adding at the end the following 
new subsection:
  ``(h) Prevention of Trafficking in Conjunction With Post-Conflict and 
Humanitarian Emergency Assistance.--The United States Agency for 
International Development, the Department of State, and the Department 
of Defense shall incorporate anti-trafficking and protection measures 
for vulnerable populations, particularly women and children, into their 
post-conflict and humanitarian emergency assistance and program 
activities.''.
  (b) Study and Report.--
          (1) Study.--
                  (A) In general.--The Secretary of State and the 
                Administrator of the United States Agency for 
                International Development, in consultation with the 
                Secretary of Defense, shall conduct a study regarding 
                the threat and practice of trafficking in persons 
                generated by post-conflict and humanitarian emergencies 
                in foreign countries.
                  (B) Factors.--In carrying out the study, the 
                Secretary of State and the Administrator of the United 
                States Agency for International Development shall 
                examine--
                          (i) the vulnerabilities to human trafficking 
                        of commonly affected populations, particularly 
                        women and children, generated by post-conflict 
                        and humanitarian emergencies;
                          (ii) the various forms of trafficking in 
                        persons, both internal and trans-border, 
                        including both sexual and labor exploitation;
                          (iii) a collection of best practices 
                        implemented to date to combat human trafficking 
                        in such areas; and
                          (iv) proposed recommendations to better 
                        combat trafficking in persons in conjunction 
                        with post-conflict reconstruction and 
                        humanitarian emergencies assistance.
          (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, with the concurrence of the Secretary of Defense, 
        shall transmit to the Committee on International Relations and 
        the Committee on Armed Services of the House of Representatives 
        and the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate a report that contains the results 
        of the study conducted pursuant to paragraph (1).

SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.

  (a) Access to Information.--Section 107(c)(2) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by 
adding at the end the following new sentence: ``To the extent 
practicable, victims of severe forms of trafficking shall have access 
to information about federally funded or administered anti-trafficking 
programs that provide services to victims of severe forms of 
trafficking.''.
  (b) Establishment of Pilot Program for Residential Rehabilitative 
Facilities for Victims of Trafficking.--
          (1) Study.--
                  (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Administrator of 
                the United States Agency for International Development 
                shall carry out a study to identify best practices for 
                the rehabilitation of victims of trafficking in group 
                residential facilities in foreign countries.
                  (B) Factors.--In carrying out the study under 
                subparagraph (A), the Administrator shall--
                          (i) investigate factors relating to the 
                        rehabilitation of victims of trafficking in 
                        group residential facilities, such as the 
                        appropriate size of such facilities, services 
                        to be provided, length of stay, and cost; and
                          (ii) give consideration to ensure the safety 
                        and security of victims of trafficking, provide 
                        alternative sources of income for such victims, 
                        assess and provide for the educational needs of 
                        such victims, including literacy, and assess 
                        the psychological needs of such victims and 
                        provide professional counseling, as 
                        appropriate.
          (2) Pilot program.--Upon completion of the study carried out 
        pursuant to paragraph (1), the Administrator of the United 
        States Agency for International Development shall establish and 
        carry out a pilot program to establish residential treatment 
        facilities in foreign countries for victims of trafficking 
        based upon the best practices identified in the study.
          (3) Purposes.--The purposes of the pilot program established 
        pursuant to paragraph (2) are to--
                  (A) provide benefits and services to victims of 
                trafficking, including shelter, psychological 
                counseling, and assistance in developing independent 
                living skills;
                  (B) assess the benefits of providing residential 
                treatment facilities for victims of trafficking, as 
                well as the most efficient and cost-effective means of 
                providing such facilities; and
                  (C) assess the need for and feasibility of 
                establishing additional residential treatment 
                facilities for victims of trafficking.
          (4) Selection of sites.--The Administrator of the United 
        States Agency for International Development shall select 2 
        sites at which to operate the pilot program established 
        pursuant to paragraph (2).
          (5) Form of assistance.--In order to carry out the 
        responsibilities of this subsection, the Administrator of the 
        United States Agency for International Development shall enter 
        into contracts with, or make grants to, organizations with 
        relevant expertise in the delivery of services to victims of 
        trafficking.
          (6) Report.--Not later than one year after the date on which 
        the first pilot program is established pursuant to paragraph 
        (2), the Administrator of the United States Agency for 
        International Development shall submit to the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate a report on the 
        implementation of this subsection.
          (7) Authorization of appropriations.--There are authorized to 
        be appropriated to the Administrator of the United States 
        Agency for International Development to carry out this 
        subsection $2,500,000 for each of the fiscal years 2006 and 
        2007.

SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.

  (a) Extraterritorial Jurisdiction Over Certain Trafficking in Persons 
Offenses.--
          (1) In general.--Part II of title 18, United States Code, is 
        amended by inserting after chapter 212 the following new 
        chapter:

``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING 
                          IN PERSONS OFFENSES

``Sec.
``3271. Trafficking in persons offenses committed by persons employed 
by or accompanying the Federal Government outside the United States.
``3272. Definitions.

``Sec. 3271. Trafficking in persons offenses committed by persons 
                    employed by or accompanying the Federal Government 
                    outside the United States

  ``(a) Whoever, while employed by or accompanying the Federal 
Government outside the United States, engages in conduct outside the 
United States that would constitute an offense under chapter 77 or 117 
of this title if the conduct had been engaged in within the United 
States or within the special maritime and territorial jurisdiction of 
the United States shall be punished as provided for that offense.
  ``(b) No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.

``Sec. 3272. Definitions

  ``As used in this chapter:
          ``(1) The term `employed by the Federal Government outside 
        the United States' means--
                  ``(A) employed as a civilian employee of the Federal 
                Government, as a Federal contractor (including a 
                subcontractor at any tier), or as an employee of a 
                Federal contractor (including a subcontractor at any 
                tier);
                  ``(B) present or residing outside the United States 
                in connection with such employment; and
                  ``(C) not a national of or ordinarily resident in the 
                host nation.
          ``(2) The term `accompanying the Federal Government outside 
        the United States' means--
                  ``(A) a dependant of--
                          ``(i) a civilian employee of the Federal 
                        Government; or
                          ``(ii) a Federal contractor (including a 
                        subcontractor at any tier) or an employee of a 
                        Federal contractor (including a subcontractor 
                        at any tier);
                  ``(B) residing with such civilian employee, 
                contractor, or contractor employee outside the United 
                States; and
                  ``(C) not a national of or ordinarily resident in the 
                host nation.''.
          (2) Clerical amendment.--The table of chapters at the 
        beginning of such part is amended by inserting after the item 
        relating to chapter 212 the following new item:

``212A. Extraterritorial jurisdiction over certain              3271''.
                            trafficking in persons offenses.
  (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of 
title 18, United States Code, is amended--
          (1) in clause (v), by striking ``or'' at the end;
          (2) in clause (vi), by adding ``or'' at the end; and
          (3) by adding at the end the following new clause:
                          ``(vii) trafficking in persons, selling or 
                        buying of children, sexual exploitation of 
                        children, or transporting, recruiting or 
                        harboring a person, including a child, for 
                        commercial sex acts;''.
  (c) Definition of Racketeering Activity.--Section 1961(1)(B) of title 
18, United States Code, is amended by striking ``1581-1591'' and 
inserting ``1581-1592''.
  (d) Civil and Criminal Forfeitures.--
          (1) In general.--Chapter 117 of title 18, United States Code, 
        is amended by adding at the end the following new section:

``Sec. 2428. Forfeitures

  ``(a) In General.--The court, in imposing sentence on any person 
convicted of a violation of this chapter, shall order, in addition to 
any other sentence imposed and irrespective of any provision of State 
law, that such person shall forfeit to the United States--
          ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
          ``(2) any property, real or personal, constituting or derived 
        from any proceeds that such person obtained, directly or 
        indirectly, as a result of such violation.
  ``(b) Property Subject to Forfeiture.--
          ``(1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right shall 
        exist in them:
                  ``(A) Any property, real or personal, used or 
                intended to be used to commit or to facilitate the 
                commission of any violation of this chapter.
                  ``(B) Any property, real or personal, that 
                constitutes or is derived from proceeds traceable to 
                any violation of this chapter.
          ``(2) Applicability of chapter 46.--The provisions of chapter 
        46 of this title relating to civil forfeitures shall apply to 
        any seizure or civil forfeiture under this subsection.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2428. Forfeitures.''.

SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

  (a) Appointment to Interagency Task Force to Monitor and Combat 
Trafficking.--Section 105(b) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7103(b)) is amended--
          (1) by striking ``the Director of Central Intelligence'' and 
        inserting ``the Director of National Intelligence''; and
          (2) by inserting ``, the Secretary of Defense, the Secretary 
        of Homeland Security'' after ``the Director of National 
        Intelligence'' (as added by paragraph (1)).
  (b) Minimum Standards for the Elimination of Trafficking.--
          (1) Amendments.--Section 108(b) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
                  (A) in paragraph (3), by adding at the end before the 
                period the following: ``, measures to reduce the demand 
                for commercial sex acts and for participation in 
                international sex tourism by nationals of the country, 
                measures to ensure that its nationals who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission do not engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking, and measures to prevent the use of forced 
                labor or child labor in violation of international 
                standards''; and
                  (B) in the first sentence of paragraph (7), by 
                striking ``persons,'' and inserting ``persons, 
                including nationals of the country who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission who engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking,''.
          (2) Effective date.--The amendments made by subparagraphs (A) 
        and (B) of paragraph (1) take effect beginning two years after 
        the date of the enactment of this Act.
  (c) Research.--
          (1) Amendments.--Section 112A of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7109a) is amended--
                  (A) in the first sentence of the matter preceding 
                paragraph (1)--
                          (i) by striking ``The President'' and 
                        inserting ``(a) In General.--The President''; 
                        and
                          (ii) by striking ``the Director of Central 
                        Intelligence'' and inserting ``the Director of 
                        National Intelligence'';
                  (B) in paragraph (3), by adding at the end before the 
                period the following: ``, particularly HIV/AIDS'';
                  (C) by adding at the end the following new 
                paragraphs:
          ``(4) Subject to subsection (b), the interrelationship 
        between trafficking in persons and terrorism, including the use 
        of profits from trafficking in persons to finance terrorism.
          ``(5) An effective mechanism for quantifying the number of 
        victims of trafficking on a national, regional, and 
        international basis.
          ``(6) The abduction and enslavement of children for use as 
        soldiers, including steps taken to eliminate the abduction and 
        enslavement of children for use as soldiers and recommendations 
        for such further steps as may be necessary to rapidly end the 
        abduction and enslavement of children for use as soldiers.''; 
        and
                  (D) by further adding at the end the following new 
                subsections:
  ``(b) Role of Human Smuggling and Trafficking Center.--The research 
initiatives described in subsection (a)(4) shall be carried out by the 
Human Smuggling and Trafficking Center (established pursuant to section 
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458)).
  ``(c) Definitions.--In this section:
          ``(1) AIDS.--The term `AIDS' means the acquired immune 
        deficiency syndrome.
          ``(2) HIV.--The term `HIV' means the human immunodeficiency 
        virus, the pathogen that causes AIDS.
          ``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to 
        an individual, an individual who is infected with HIV or living 
        with AIDS.''.
          (2) Report.--
                  (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Human Smuggling 
                and Trafficking Center (established pursuant to section 
                7202 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (Public Law 108-458)) shall 
                submit to the appropriate congressional committees a 
                report on the results of the research initiatives 
                carried out pursuant to section 112A(4) of the 
                Trafficking Victims Protection Act of 2000 (as added by 
                paragraph (1)(C) of this subsection).
                  (B) Definition.--In this paragraph, the term 
                ``appropriate congressional committees'' means--
                          (i) the Committee on International Relations 
                        and the Committee on the Judiciary of the House 
                        of Representatives; and
                          (ii) the Committee on Foreign Relations and 
                        the Committee on the Judiciary of the Senate.
  (d) Foreign Service Officer Training.--Section 708(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
          (1) in the matter preceding paragraph (1), by inserting ``, 
        the Director of the Office to Monitor and Combat Trafficking,'' 
        after ``the International Religious Freedom Act of 1998'';
          (2) in paragraph (1), by striking ``and'' at the end;
          (3) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(3) instruction on international documents and United 
        States policy on trafficking in persons, including provisions 
        of the Trafficking Victims Protection Act of 2000 (division A 
        of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect 
        the United States bilateral relationships.''.
  (e) Prevention of Trafficking by Peacekeepers.--
          (1) Inclusion in trafficking in persons report.--Section 
        110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7107(b)(1)) is amended--
                  (A) in subparagraph (B), by striking ``and'' at the 
                end;
                  (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                  (C) by adding at the end the following new 
                subparagraph:
                  ``(D) information on the measures taken by the United 
                Nations, the Organization for Security and Cooperation 
                in Europe, the North Atlantic Treaty Organization and, 
                as appropriate, other multilateral organizations in 
                which the United States participates, to prevent the 
                involvement of the organization's employees, contractor 
                personnel, and peacekeeping forces in trafficking in 
                persons or the exploitation of victims of 
                trafficking.''.
          (2) Report by secretary of state.--At least 15 days prior to 
        voting for a new or reauthorized peacekeeping mission under the 
        auspices of the United Nations, the North Atlantic Treaty 
        Organization, or any other multilateral organization in which 
        the United States participates (or in an emergency, as far in 
        advance as is practicable), the Secretary of State shall submit 
        to the Committee on International Relations of the House of 
        Representatives, the Committee on Foreign Relations of the 
        Senate, and any other appropriate congressional committee a 
        report that contains--
                  (A) a description of measures taken by the 
                organization to prevent the organization's employees, 
                contractor personnel, and peacekeeping forces serving 
                in the peacekeeping mission from trafficking in 
                persons, exploiting victims of trafficking, or 
                committing acts of sexual exploitation or abuse, and 
                the measures in place to hold accountable any such 
                individuals who engage in any such acts while 
                participating in the peacekeeping mission; and
                  (B) an analysis of the effectiveness of each of the 
                measures referred to in subparagraph (A).

SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
                    CHILD LABOR.

  (a) Activities of the Department of State.--
          (1) Finding.--Congress finds that in the report submitted to 
        Congress by the Secretary of State in June 2005 pursuant to 
        section 110(b) of the Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7107(b)), the list of countries whose 
        governments do not comply with the minimum standards for the 
        elimination of trafficking and are not making significant 
        efforts to bring themselves into compliance was composed of a 
        large number of countries in which the trafficking involved 
        forced labor, including the trafficking of women into domestic 
        servitude.
          (2) Sense of congress.--It is the sense of Congress that the 
        Director of the Office to Monitor and Combat Trafficking of the 
        Department of State should intensify the focus of the Office on 
        forced labor in the countries described in paragraph (1) and 
        other countries in which forced labor continues to be a serious 
        human rights concern.
  (b) Activities of the Department of Labor.--
          (1) In general.--The Secretary of Labor, acting through the 
        head of the Bureau of International Labor Affairs of the 
        Department of Labor, shall carry out additional activities to 
        monitor and combat forced labor and child labor in foreign 
        countries as described in paragraph (2).
          (2) Additional activities described.--The additional 
        activities referred to in paragraph (1) are--
                  (A) to monitor the use of forced labor and child 
                labor in violation of international standards;
                  (B) to provide information regarding trafficking in 
                persons for the purpose of forced labor to the Office 
                to Monitor and Combat Trafficking of the Department of 
                State for inclusion in trafficking in persons report 
                required by section 110(b) of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7107(b));
                  (C) to develop and make available to the public a 
                list of goods from countries that the Bureau of 
                International Labor Affairs has reason to believe are 
                produced by forced labor or child labor in violation of 
                international standards;
                  (D) to work with persons who are involved in the 
                production of goods on the list described in 
                subparagraph (C) to create a standard set of practices 
                that will reduce the likelihood that such persons will 
                produce goods using the labor described in such 
                subparagraph; and
                  (E) to consult with other departments and agencies of 
                the United States Government to reduce forced and child 
                labor internationally and ensure that products made by 
                forced labor and child labor in violation of 
                international standards are not imported into the 
                United States.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

  (a) Program To Reduce Trafficking in Persons and Demand for 
Commercial Sex Acts in the United States.--
          (1) Comprehensive research and statistical review and 
        analysis of incidents of trafficking in persons and commercial 
        sex acts.--
                  (A) In general.--The Attorney General shall use 
                available data from State and local authorities as well 
                as research data to carry out a biennial comprehensive 
                research and statistical review and analysis of severe 
                forms of trafficking in persons, and a biennial 
                comprehensive research and statistical review and 
                analysis of sex trafficking and unlawful commercial sex 
                acts in the United States, and shall submit to Congress 
                separate biennial reports on the findings.
                  (B) Contents.--The research and statistical review 
                and analysis under this paragraph shall consist of two 
                separate studies, utilizing the same statistical data 
                where appropriate, as follows:
                          (i) The first study shall address severe 
                        forms of trafficking in persons in the United 
                        States and shall include, but need not be 
                        limited to--
                                  (I) the estimated number and 
                                demographic characteristics of persons 
                                engaged in acts of severe forms of 
                                trafficking in persons; and
                                  (II) the number of investigations, 
                                arrests, prosecutions, and 
                                incarcerations of persons engaged in 
                                acts of severe forms of trafficking in 
                                persons by States and their political 
                                subdivisions.
                          (ii) The second study shall address sex 
                        trafficking and unlawful commercial sex acts in 
                        the United States and shall include, but need 
                        not be limited to--
                                  (I) the estimated number and 
                                demographic characteristics of persons 
                                engaged in sex trafficking and 
                                commercial sex acts, including 
                                purchasers of commercial sex acts;
                                  (II) the estimated value in dollars 
                                of the commercial sex economy, 
                                including the estimated average annual 
                                personal income derived from acts of 
                                sex trafficking;
                                  (III) the number of investigations, 
                                arrests, prosecutions, and 
                                incarcerations of persons engaged in 
                                sex trafficking and unlawful commercial 
                                sex acts, including purchasers of 
                                commercial sex acts, by States and 
                                their political subdivisions; and
                                  (IV) a description of the differences 
                                in the enforcement of laws relating to 
                                unlawful commercial sex acts across the 
                                United States.
          (2) Trafficking conference.--
                  (A) In general.--The Attorney General, in 
                consultation and cooperation with the Secretary of 
                Health and Human Services, shall conduct an annual 
                conference in each of the fiscal years 2006, 2007, and 
                2008, and thereafter conduct a biennial conference, 
                addressing severe forms of trafficking in persons and 
                commercial sex acts that occur, in whole or in part, 
                within the territorial jurisdiction of the United 
                States. At each such conference, the Attorney General, 
                or his designee, shall--
                          (i) announce and evaluate the findings 
                        contained in the research and statistical 
                        reviews carried out under paragraph (1);
                          (ii) disseminate best methods and practices 
                        for enforcement of laws prohibiting acts of 
                        severe forms of trafficking in persons and 
                        other laws related to acts of trafficking in 
                        persons, including, but not limited to, best 
                        methods and practices for training State and 
                        local law enforcement personnel on the 
                        enforcement of such laws;
                          (iii) disseminate best methods and practices 
                        for training State and local law enforcement 
                        personnel on the enforcement of laws 
                        prohibiting sex trafficking and commercial sex 
                        acts, including, but not limited to, best 
                        methods for investigating and prosecuting 
                        exploiters and persons who solicit or purchase 
                        an unlawful commercial sex act; and
                          (iv) disseminate best methods and practices 
                        for training State and local law enforcement 
                        personnel on collaborating with social service 
                        providers and relevant nongovernmental 
                        organizations and establishing trust of persons 
                        subjected to commercial sex acts or severe 
                        forms of trafficking in persons.
                  (B) Participation.--Each annual conference conducted 
                under this paragraph shall involve the participation of 
                persons with expertise or professional responsibilities 
                with relevance to trafficking in persons, including, 
                but not limited to--
                          (i) Federal government officials, including 
                        law enforcement and prosecutorial officials;
                          (ii) State and local government officials, 
                        including law enforcement and prosecutorial 
                        officials;
                          (iii) persons who have been subjected to 
                        severe forms of trafficking in persons or 
                        commercial sex acts;
                          (iv) medical personnel;
                          (v) social service providers and relevant 
                        nongovernmental organizations; and
                          (vi) academic experts.
                  (C) Reports.--The Attorney General and the Secretary 
                of Health and Human Services shall prepare and post on 
                the respective Internet Web sites of the Department of 
                Justice and the Department of Health and Human Services 
                reports on the findings and best practices identified 
                and disseminated at the conference described in this 
                paragraph.
  (b) Termination of Certain Grants, Contracts, and Cooperative 
Agreements.--Section 106(g) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) is amended--
          (1) by striking ``Cooperative Agreements.--'' and all that 
        follows through ``The President shall'' and inserting 
        ``Cooperative Agreements.--The President shall'';
          (2) by striking ``described in paragraph (2)''; and
          (3) by striking paragraph (2).
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated--
          (1) $2,500,000 for each of the fiscal years 2006 and 2007 to 
        carry out the activities described in subsection (a)(1)(B)(i) 
        and $2,500,000 for each of the fiscal years 2006 and 2007 to 
        carry out the activities described in subsection (a)(1)(B)(ii); 
        and
          (2) $1,000,000 for each of the fiscal years 2006 through 2007 
        to carry out the activities described in subsection (a)(2).

SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND 
                    STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS 
                    SUBJECT TO TRAFFICKING.

  (a) Grant Program.--The Secretary of Health and Human Services may 
make grants to States, Indian tribes, units of local government, and 
nonprofit, nongovernmental victims' service organizations to establish, 
develop, expand, and strengthen assistance programs for United States 
citizens or aliens admitted for permanent residence who are the subject 
of sex trafficking or severe forms of trafficking in persons that 
occurs, in whole or in part, within the territorial jurisdiction of the 
United States.
  (b) Selection Factor.--In selecting among applicants for grants under 
subsection (a), the Secretary shall give priority to applicants with 
experience in the delivery of services to persons who have been 
subjected to sexual abuse or commercial sexual exploitation and to 
applicants who would employ survivors of sexual abuse or commercial 
sexual exploitation as a part of their proposed project.
  (c) Limitation on Federal Share.--The Federal share of a grant made 
under this section may not exceed 75 percent of the total costs of the 
projects described in the application submitted.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the activities described in this section.

SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.

  (a) Establishment of Pilot Program.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Health and 
Human Services shall establish and carry out a pilot program to 
establish residential treatment facilities in the United States for 
juveniles subjected to trafficking.
  (b) Purposes.--The purposes of the pilot program established pursuant 
to subsection (a) are to--
          (1) provide benefits and services to juveniles subjected to 
        trafficking, including shelter, psychological counseling, and 
        assistance in developing independent living skills;
          (2) assess the benefits of providing residential treatment 
        facilities for juveniles subjected to trafficking, as well as 
        the most efficient and cost-effective means of providing such 
        facilities; and
          (3) assess the need for and feasibility of establishing 
        additional residential treatment facilities for juveniles 
        subjected to trafficking.
  (c) Selection of Sites.--The Secretary of Health and Human Services 
shall select three sites at which to operate the pilot program 
established pursuant to subsection (a).
  (d) Form of Assistance.--In order to carry out the responsibilities 
of this section, the Secretary of Health and Human Services shall enter 
into contracts with, or make grants to, organizations that--
          (1) have relevant expertise in the delivery of services to 
        juveniles who have been subjected to sexual abuse or commercial 
        sexual exploitation; or
          (2) have entered into partnerships with organizations that 
        have expertise as described in paragraph (1) for the purpose of 
        implementing the contracts or grants.
  (e) Report.--Not later than one year after the date on which the 
first pilot program is established pursuant to subsection (a), the 
Secretary of Health and Human Services shall submit to Congress a 
report on the implementation of this section.
  (f) Definition.--In this section, the term ``juvenile subjected to 
trafficking'' means a United States citizen, or alien admitted for 
permanent residence, who is the subject of sex trafficking or severe 
forms of trafficking in persons that occurs, in whole or in part, 
within the territorial jurisdiction of the United States and who has 
not attained 18 years of age at the time the person is identified as 
having been the subject of sex trafficking or severe forms of 
trafficking in persons.
  (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Health and Human Services to carry out 
this section $5,000,000 for each of the fiscal years 2006 and 2007.

SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

  (a) Establishment of Grant Program for Law Enforcement.--
          (1) In general.--The Attorney General may make grants to 
        States and local law enforcement agencies to establish, 
        develop, expand, or strengthen programs--
                  (A) to investigate and prosecute acts of severe forms 
                of trafficking in persons, and related offenses, which 
                involve United States citizens, or aliens admitted for 
                permanent residence, and that occur, in whole or in 
                part, within the territorial jurisdiction of the United 
                States;
                  (B) to investigate and prosecute persons who engage 
                in the purchase of commercial sex acts;
                  (C) to educate persons charged with, or convicted of, 
                purchasing or attempting to purchase commercial sex 
                acts; and
                  (D) to educate and train law enforcement personnel in 
                how to establish trust of persons subjected to 
                trafficking and encourage cooperation with prosecution 
                efforts.
          (2) Definition.--In this subsection, the term ``related 
        offenses'' includes violations of tax laws, transacting in 
        illegally derived proceeds, money laundering, racketeering, and 
        other violations of criminal laws committed in connection with 
        an act of sex trafficking or a severe form of trafficking in 
        persons.
  (b) Multi-Disciplinary Approach Required.--Grants under subsection 
(a) may be made only for programs in which the State or local law 
enforcement agency works collaboratively with social service providers 
and relevant nongovernmental organizations, including organizations 
with experience in the delivery of services to persons who are the 
subject of trafficking in persons.
  (c) Limitation on Federal Share.--The Federal share of a grant made 
under this section may not exceed 75 percent of the total costs of the 
projects described in the application submitted.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$25,000,000 for each of the fiscal years 2006 and 2007.

SEC. 205. REPORT TO CONGRESS.

   Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
          (1) in subparagraph (F), by striking ``and'' at the end;
          (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
          (3) by inserting after subparagraph (F) the following new 
        subparagraph:
                  ``(G) the amount, recipient, and purpose of each 
                grant under sections 202 and 204 of the Trafficking 
                Victims Protection Act of 2005; and''.

SEC. 206. SENIOR POLICY OPERATING GROUP.

  Each Federal department or agency involved in grant activities 
related to combatting trafficking or providing services to persons 
subjected to trafficking inside the United States shall, as the 
department or agency determines appropriate, apprise the Senior Policy 
Operating Group established by section 105(f) of the Victims of 
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)), 
under the procedures established by the Senior Policy Operating Group, 
of such activities of the department or agency to ensure that the 
activities are consistent with the purposes of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7101 et seq.).

SEC. 207. DEFINITIONS.

   In this title:
          (1) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given the term in section 103(8) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102(8)).
          (2) Sex trafficking.--The term ``sex trafficking'' has the 
        meaning given the term in section 103(9) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
          (3) Commercial sex act.--The term ``commercial sex act'' has 
        the meaning given the term in section 103(3) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102(3)).

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

   Section 113 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110) is amended--
          (1) in subsection (a)--
                  (A) by striking ``and $5,000,000'' and inserting 
                ``$5,000,000'';
                  (B) by adding at the end before the period the 
                following: ``, and $5,500,000 for each of the fiscal 
                years 2006 and 2007''; and
                  (C) by further adding at the end the following new 
                sentence: ``In addition, there are authorized to be 
                appropriated to the Office to Monitor and Combat 
                Trafficking for official reception and representation 
                expenses $3,000 for each of the fiscal years 2006 and 
                2007.'';
          (2) in subsection (b), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007'';
          (3) in subsection (c)(1), by striking ``2004 and 2005'' each 
        place it appears and inserting ``2004, 2005, 2006, and 2007'';
          (4) in subsection (d), by striking ``2004 and 2005'' each 
        place it appears and inserting ``2004, 2005, 2006, and 2007'';
          (5) in subsection (e)--
                  (A) in paragraphs (1) and (2), by striking ``2003 
                through 2005'' and inserting ``2003 through 2007''; and
                  (B) in paragraph (3), by striking ``$300,000 for 
                fiscal year 2004 and $300,000 for fiscal year 2005'' 
                and inserting ``$300,000 for each of the fiscal years 
                2004 through 2007'';
          (6) in subsection (f), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007''; and
          (7) by adding at the end the following new subsections:
  ``(h) Authorization of Appropriations to Director of the FBI.--There 
are authorized to be appropriated to the Director of the Federal Bureau 
of Investigation $15,000,000 for fiscal year 2006, to remain available 
until expended, to investigate severe forms of trafficking in persons.
  ``(i) Authorization of Appropriations to the Secretary of Homeland 
Security.--There are authorized to be appropriated to the Secretary of 
Homeland Security, $18,000,000 for each of the fiscal years 2006 and 
2007, to remain available until expended, for investigations by the 
Bureau of Immigration and Customs Enforcement of severe forms of 
trafficking in persons.''.

                          Purpose and Summary

    H.R. 972, the ``Trafficking Victims Protection 
Reauthorization Act of 2005,'' amends and reauthorizes 
appropriations for fiscal years 2006 and 2007 for the 
Trafficking Victims Protection Act of 2000. The bill 
strengthens the United States government's ability to combat 
trafficking in persons by enhancing criminal penalties for 
human trafficking, protects of victims of trafficking, and 
ensuring the more effective prosecution of traffickers by 
bringing particular attention to the problem of internal 
trafficking of United States citizens and nationals within the 
territory of the United States.
    This legislation includes improves United States efforts to 
combat trafficking internationally, establishes new crimes for 
trafficking offenses committed by certain United States 
persons, and launches new initiatives to assist the victims of 
trafficking in the United States. The bill creates criminal 
jurisdiction in United States courts over Federal trafficking 
in persons offenses committed by Federal employees and 
contractors while outside the United States, and classifies the 
trafficking in persons offenses as actionable under Federal 
money laundering, racketeering, and civil and criminal 
forfeiture statutes. The legislation also: establishes a grant 
program to improve victim service programs for United States 
citizens and nationals victimized by trafficking and a pilot 
program for residential care for juvenile trafficking victims; 
establishes a grant program to improve State and local 
responses to certain trafficking cases that involve United 
States citizens, or persons admitted for permanent residence; 
and authorizes appropriations for fiscal years 2006 and 2007 
for the FBI and DHS for trafficking investigations.
    In addition to H.R. 972, another more narrowly tailored 
bill addressing sex trafficking in the United States, H.R. 
2012, the ``End Demand for Sex Trafficking Act of 2005,'' was 
introduced and referred to the Committee on Judiciary. A number 
of Members of the Judiciary Committee are cosponsors of one or 
both of these bills. H.R. 2012 provides grants to State and 
local governments to combat commercial sex trafficking. H.R. 
2012 is intended to encourage the prosecution of purchasers of 
commercial sex act and individuals who exploit others in the 
commercial sex trade. Additionally, the legislation requires 
the Attorney General to evaluate the efficiency of the grants 
and provide statistics on the effectiveness of certain 
approaches in an effort to establish the best practices for 
reducing the demand for sex trafficking.
    As the two bills create grant programs that address similar 
problems, both measures were incorporated into one legislative 
vehicle. An amendment offered by Chairman Sensenbrenner was 
adopted to replace the language of title II of this legislation 
with provisions that will satisfy the purpose of the studies 
and grant programs of both H.R. 972 and H.R. 2012. The grant 
programs will assist persons who are trafficked and provide 
grants for law enforcement to combat trafficking within the 
United States.

                  Background and Need for Legislation

    The Trafficking Victims Protection Act (TVPA), Pub. L. No. 
106-386, was enacted in October 2000 to combat trafficking in 
persons; ensure the prosecution of traffickers of children, 
women and men; and to better protect the victims of 
trafficking. The TVPA was amended and funding reauthorized in 
the Foreign Relations Authorization Act, Fiscal Year 2003, Pub. 
L. No. 107-228. The TVPA was further amended and funding 
reauthorized for fiscal years 2004 and 2005 through the 
Trafficking Victims Protection Reauthorization Act of 2003, 
P.L. 108-193, signed into law on December 19, 2003.
    Each year, an estimated 800,000 to 900,000 human beings are 
bought, sold or forcefully moved across the world's borders. 
The United States government estimates that 18,000 to 20,000 
people are trafficked annually into the United States. The 
United States is primarily a destination country--meaning that 
people from other countries are trafficked into the United 
States. Among them are a troubling number of teenage girls who 
fall victim to the sex trade. This issue can only be remedied 
by a coordinated Federal response to fighting human 
trafficking. President Bush has made it clear that ending 
demand for trafficking is a critical component of this effort. 
The President has stated, ``we cannot put [human traffickers] 
out of business until and unless we deal with the problem of 
demand.''
    The provisions of H.R. 2012, as well as the language of the 
amendment proposed, are endorsed by a number of groups 
dedicated to reducing the demand for commercial sex acts as a 
way to combat trafficking including: AEGIS Foundation; Basic 
Ministries International of Midland, TX; Breaking Free; 
Coalition Against Trafficking in Women; Concerned Women for 
America; Dignity House; End Child Prostitution; Child 
Pornography and Trafficking of Children for Sexual Purposes-
USA, Inc.; Equality Now; Faces of Children; Hudson Institute; 
Institute on Religion and Democracy; Institute on Religion and 
Public Policy; Leadership Council for Human Rights; National 
Association of Evangelicals; Religious Freedom Coalition; 
Salvation Army; Shared Hope International; Southern Baptist 
Convention; Standing Against Global Exploitation (SAGE); 
Survivor Services and Education Network; Union of Orthodox 
Jewish Congregations of America; VERONICA'S Voice; and World 
Vision.

                                Hearings

    The House Committee on the Judiciary held no hearings on 
H.R. 972.

                        Committee Consideration

    On February 17, 2005, the House Committee on the Judiciary 
received a sequential referral of H.R. 972. The Committee on 
International Relations ordered favorably reported the bill 
H.R. 972, as amended, by voice vote, a quorum being present on 
October 7, 2005. The Committee on the Judiciary ordered 
favorably reported the bill H.R. 972, as amended, by voice 
vote, a quorum being present on December 8, 2005.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 972.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill H.R. 972, the following estimate and 
comparison prepared by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 8, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 972, the 
Trafficking Victims Protection Reauthorization Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte.
            Sincerely,
                                     Douglas Holtz-Eakin, Director.
    Enclosure.

H.R. 972--Trafficking Victims Protection Reauthorization Act of 2005

    Summary: H.R. 972 would reauthorize several programs within 
the Departments of State, Labor, Justice, and Health and Human 
Services, and within other agencies that combat trafficking in 
persons. The bill would authorize the appropriation of $188 
million in 2006 and $173 million in 2007. In total, CBO 
estimates that implementing the bill would cost $68 million in 
2006 and $342 million over the 2006-2010 period, assuming 
appropriation of the authorized amounts. (A portion of the 
authorized funding would be spent after 2010.) The bill also 
contains provisions that would affect direct spending and 
revenues, but CBO estimates these provisions would not have a 
significant effect.
    H.R. 972 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA); however, CBO 
estimates that the cost of the mandate would not be significant 
and would be well below the threshold established in that act 
($62 million in 2005, adjusted for inflation). Other provisions 
of the bill would provide grant assistance to state, local, and 
tribal governments for programs benefitting victims of 
trafficking crimes. This bill contains no new private-sector 
mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 972 is shown in the following table. 
The costs of this legislation fall within budget functions 150 
(international affairs), 500 (education, training, employment, 
and social services), 550 (health), and 750 (administration of 
justice).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
            CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1, 2
Overseas Assistance:
    Authorization Level.........      63      63       0       0       0
    Estimated Outlays...........       9      34      37      22      10
Department of Justice:
    Authorization Level.........      79      64       0       0       0
    Estimated Outlays...........      41      46      24      16      11
Department of Health and Human
 Services:
    Authorization Level.........      30      30       0       0       0
    Estimated Outlays...........       7      22      21       8       2
Department of Labor:
    Authorization Level.........      10      10       0       0       0
    Estimated Outlays...........       7       9       3       1       *
Department of State:
    Authorization Level.........       6       6       0       0       0
    Estimated Outlays...........       4       5       1       *       *
    Total:
    Authorization Level.........     188     173       0       0       0
    Estimated Outlays...........      68     116      87      48      24
------------------------------------------------------------------------
\1\ In addition to effects on spending subject to appropriation, CBO
  estimates enacting H.R. 972 would have an insignificant effect on
  direct spending and receipts.
\2\ Five-year costs in text and totals in the table differ slightly from
  a summation of the annual costs shown here because of rounding.

Note: * = less than $500,000.

    Basis of estimate:

Spending subject to appropriation

    For purposes of this estimate, CBO assumes that this 
legislation will be enacted early in calendar year 2006, that 
the specified and estimated authorization amounts will be 
appropriated near the start of each fiscal year, and that 
outlays will follow historical spending patterns for existing 
and similar programs. The bill would authorize the 
appropriation of $188 million in 2006 and $173 million in 2007. 
In total, CBO estimates that implementing this legislation 
would cost $68 million in 2006 and $342 million over the 2006-
2010 period, assuming appropriation of the necessary amounts.
    Overseas Assistance. The bill would authorize the 
appropriation of $30 million a year for 2006 and 2007 to the 
Secretary of State and $30 million a year to the President in 
those same years for programs to prevent trafficking in 
persons, to protect victims of trafficking, and to assist 
foreign states in meeting minimum standards for the elimination 
of trafficking. In addition, the bill would authorize $300,000 
a year in 2006 and 2007 for research on domestic and 
international trafficking in persons. Finally, the bill would 
authorize the appropriation of $2.5 million a year for 2006 and 
2007 to the U.S. Agency for International Development to 
establish residential treatment facilities in foreign countries 
that would treat the victims of trafficking. CBO estimates that 
implementing these provisions would cost $9 million in 2006 and 
$113 million over the 2006-2010 period, assuming appropriation 
of the necessary amounts.
    Department of Justice. H.R. 972 would authorize the 
appropriation of:
           $25 million a year for fiscal years 2006 and 
        2007 for the Attorney General to make grants to state 
        and local governments to combat trafficking in persons 
        and commercial sex acts;
           $15 million a year for fiscal years 2006 and 
        2007 for the Attorney General to make grants to states, 
        localities, and nonprofit organizations to establish or 
        expand service programs for victims of trafficking;
           $15 million for fiscal year 2006 for the 
        Federal Bureau of Investigation to investigate severe 
        forms of trafficking in persons;
           $18 million a year for fiscal years 2006 and 
        2007 for the Bureau of Immigration and Customs 
        Enforcement in the Department of Homeland Security to 
        investigate severe forms of trafficking in persons;
           $6 million a year for fiscal years 2006 and 
        2007 for the Attorney General to carry out studies and 
        hold conferences on trafficking of persons and 
        commercial sex acts in the United States; and
           $250,000 a year for fiscal years 2006 and 
        2007 for the Attorney General and the Secretary of 
        State to train law enforcement officers, prosecutors, 
        and judges and their staff with respect to cases 
        involving trafficking in persons.
    Department of Health and Human Services. H.R. 972 would 
authorize the appropriation of $25 million a year for fiscal 
years 2006 and 2007 to the Department of Health and Human 
Services for the purpose of identifying victims of trafficking. 
In addition, section 203 would authorize the appropriation of 
$5 million a year for fiscal years 2006 and 2007 to carry out a 
pilot program to establish residential treatment facilities for 
juvenile victims of trafficking.
    Department of Labor. H.R. 972 would authorize the 
appropriation of $10 million a year for fiscal years 2006 and 
2007 to the Department of Labor to carry out responsibilities 
under the Trafficking Victims Protection Act, including 
additional activities to monitor and combat forced labor and 
child labor in foreign countries.
    Department of State. The bill would authorize the 
appropriation of $5.5 million a year for fiscal years 2006 and 
2007 for the Interagency Task Force to coordinate the 
implementation of the Trafficking Victims Protection Act.

Direct spending and revenues

    Criminal Fines and Seizure of Assets. Section 103 would 
establish a new federal crime for trafficking in persons 
committed by individuals employed by the federal government or 
accompanying federal employees when outside of the United 
States. Thus, the government could pursue new cases related to 
trafficking. Because those prosecuted and convicted under H.R. 
972 could be subject to criminal fines, the federal government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
revenues, which are deposited in the Crime Victims Fund and 
later spent. CBO expects that any additional revenues and 
direct spending would not be significant.
    Persons prosecuted and convicted under the bill also could 
be subject to the seizure of certain assets by the federal 
government. Proceeds from the sale of such assets would be 
deposited into the Assets Forfeiture Fund and spent from that 
fund, mostly in the same year. Thus, enacting H.R. 972 could 
increase both revenues deposited into the fund and direct 
spending from the fund. However, CBO estimates that any 
increased revenues or spending would be negligible.
    Intergovernmental and private-sector impact: H.R. 972 
contains an intergovernmental mandate as defined in UMRA 
because it would require courts to order the property of 
convicted traffickers be forfeited to the federal government. 
This provision would preempt state laws and could result in the 
loss of forfeited properties for those governments. Because the 
number of trafficking cases prosecuted under state law is 
small, however, CBO estimates any such loss to state 
governments would not be significant and would be well below 
the threshold established in that act ($62 million in 2005, 
adjusted for inflation). This bill contains no new private-
sector mandates as defined in UMRA.
    Previous CBO estimate: On October 19, 2005, CBO transmitted 
a cost estimate for H.R. 972, the Trafficking Victims 
Protection Reauthorization Act of 2005, as ordered reported by 
the House Committee on International Relations on October 7, 
2005. The two versions of the bill and their estimated costs 
are similar. The version of H.R. 972 approved by the House 
Committee on International Relations would specifically 
authorize the appropriation of $147 million in 2006 and $132 
million in 2007. In addition, CBO estimated that the Department 
of Justice would need $15 million in additional appropriations 
annually to implement a new grant program under that version of 
the bill. In contrast, the Judiciary Committee's version of the 
bill would authorize the appropriation of $188 million in 2006 
and $173 million in 2007.
    Estimate prepared by: Federal Costs: Overseas Assistance: 
Sam Papenfuss; Department of Justice: Mark Grabowicz; 
Department of Health and Human Services: Matthew Kapuscinski; 
Department of Labor: Christina Hawley Sadoti; Department of 
State: Sunita D'Monte.
    Impact on State, Local, and Tribal Governments: Melissa 
Merrell.
    Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
972 will help law enforcement combat severe forms of 
trafficking and sex trafficking in the United States.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in art. I, section 8, cl. 3 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    The following section-by-section analysis describes the 
bill as reported by the Committee on the Judiciary.

Section 1. Short title

    This section states that this act may be cited as the 
``Trafficking Victims Protection Reauthorization Act of 2005.''

Section 2. Findings

    This section states the Congress' findings that the 
demonstrated leadership of the United States in combatting 
human trafficking and slavery through the enactment of the 
Trafficking Victims Protection Act of 2000 (division A of Pub. 
L. No. 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking 
Victims Protection Reauthorization Act of 2003 (Pub. L. No. 
108-193). The current United States government estimate of 
people trafficked across international borders each year and 
exploited through forced labor and commercial sex exploitation 
is 600,000 to 800,000; an estimated 80 percent of these 
individuals are women and girls. The Committee notes that as a 
result of refined data collection processes and statistical 
analysis, the United States government currently estimates that 
the number of individuals (men, women and children) trafficked 
into the United States each year to be 14,500-17,500, 
individuals compared to the ``approximately 50,000 women and 
children'' cited in the Trafficking Victims Protection Act of 
2000.
    The findings state that since enactment of the Trafficking 
Victims Protection Act of 2000, United States efforts to combat 
trafficking in persons have focused primarily on the 
international trafficking in persons, including the trafficking 
of foreign citizens into the United States, but trafficking in 
persons also occurs within countries. The Committee notes with 
concern that the law enforcement data, media reports and other 
evidence support the conclusion that a significant problem 
exists in the United States with internal (also referred to as 
domestic) trafficking, particularly involving children 
exploited in prostitution. The findings also state that no 
known studies exist that quantify this problem. However, 
researchers at the University of Pennsylvania estimated in 
2001, that as many as 300,000 children in the United States are 
at risk for commercial sexual exploitation, including 
trafficking, at any given time. This section finds that runaway 
and homeless children in the United States are highly 
susceptible to being domestically trafficked for commercial 
sexual exploitation. One source estimates that between 1.3 
million and 2.8 million runaway and homeless youth live on the 
streets in the United States, and one out of every seven 
children will run away from home before the age of 18. The 
dearth of published facts and figures about the numbers and 
lives of sexually exploited youth highlights the hidden nature 
of commercial sexual exploitation of children in the United 
States and emphasizes the need for law enforcement and social 
service organizations to seek systematic and verifiable 
information.
    Following armed conflicts and during humanitarian 
emergencies, indigenous populations face increased security 
challenges and vulnerabilities which result in myriad forms of 
violence, including trafficking for sexual and labor 
exploitation. Foreign policy and foreign aid professionals 
increasingly recognize the increased activity of human 
traffickers in post-conflict settings and during humanitarian 
emergencies. There is a need to protect populations in post-
conflict settings and humanitarian emergencies from being 
trafficked for sexual or labor exploitation. The efforts of aid 
agencies to address the protection needs of, among others, 
internally displaced persons and refugees are useful in this 
regard. Nonetheless, there remains a need for further programs 
and strategies at the United States Agency for International 
Development, the Department of State, and the Department of 
Defense, among others, to combat human trafficking, including 
through protection and prevention methodologies, in post-
conflict environments and during humanitarian emergencies.
    International and human rights organizations have 
documented a correlation between international deployments of 
military and civilian peacekeepers and aid workers and a 
resulting increase in the number of women and girls trafficked 
into prostitution in post-conflict regions. The involvement of 
Federal government employees or contractors, including members 
of the Armed Forces, in trafficking in persons is inconsistent 
with United States laws and policies and undermines the efforts 
of government programs in post-conflict regions. Further 
measures are needed to deter such actions and ensure that 
personnel are held accountable for involvement with acts of 
trafficking.

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

Section 102. Protection of victims of trafficking in persons

    This section amends section 107(c)(2) of the TVPA by 
requiring that to the extent practicable, victims of severe 
forms of trafficking shall have access to information about 
Federally funded or administered anti-trafficking programs that 
provide services to such victims. The Committee is concerned by 
reports from victim advocates, including organizations funded 
by the Federal government, that Federal law enforcement 
officials in some instances failed to share with victims of 
severe forms of trafficking information about victim-service 
programs that can assist them with shelter, food, medical care, 
legal assistance and other needs, or to inform them about the 
possibility of applying for benefits via the Department of 
Health and Human Services or for a T-visa. Information should 
be made available to every victim of a severe form of 
trafficking in the UnitedStates who meets the criteria 
established by the TVPA, as amended, for receipt of benefits or 
issuance of a T-visa about his or her eligibility for both such 
benefits and such visa while in contact with Federal law enforcement 
authorities.

Section 103. Enhancing prosecutions of trafficking offenses

    Subsection (a) provides United States courts with 
jurisdiction over Federal government employees or contractors, 
and those accompanying them, for the prosecution of Federal 
trafficking offenses that are committed outside the United 
States. This jurisdiction already exists under the Military 
Extraterritorial Jurisdiction Act of 2000, as amended by the 
Defense Authorization Act of 2004, for Department of Defense 
contractors and other Federal contractors operating abroad in 
support of a Department of Defense mission, but does not 
currently extend to non-Department of Defense-related 
contractors. The Committee has long been concerned about the 
involvement of Federal contractors in human trafficking and 
other misconduct. At an April 2002 hearing, the Committee 
received testimony regarding the involvement of some employees 
or agents of a Federal contractor operating in Bosnia-
Herzegovina in prostitution, human trafficking, and sexual 
misconduct. Both Department of Defense and non-Department of 
Defense contractors were involved, however, under United States 
law at that time, only Department of Defense contractors could 
be prosecuted in United States courts. It is the view of the 
Committee that contractors, and their employees and agents, 
must be held to the same standards of conduct required under 
United States laws while under United States government 
contracts abroad. This requirement is more clear when such 
contractors are operating in areas where they are unlikely to 
be held accountable under local laws.
    Subsection (b) amends title 18 of the United States Code to 
allow trafficking offenses to be considered ``specified 
unlawful activity'' for which prosecutions may be brought using 
the money laundering statutes. Subsection (c) amends title 18 
of the United States Code to expand the list of trafficking 
offenses that may be considered as offenses for which may be 
prosecuted using the powers of the Racketeering Influenced and 
Corrupt Organizations Act (RICO). Subsection (d) amends title 
18 of the United States Code to allow the Federal government to 
use criminal and civil forfeiture laws to seize the proceeds 
and the property connected with or derived from the commission 
of trafficking offenses.

Section 201. Preventing domestic trafficking in persons

    The United States not only faces an influx of international 
victims of sex and labor trafficking, but also has a problem of 
internal trafficking (also referred to as domestic 
trafficking), particularly of minors, for the purpose of 
commercial sexual exploitation. According to a report issued in 
2001 by researchers at the University of Pennsylvania, the 
majority of American victims of commercial sexual exploitation 
tend to be runaway or ``thrown away'' youth who live on the 
streets having come from homes where they have been abused, or 
from families that have abandoned them, and often become 
involved in prostitution as a way to support themselves 
financially. Among youth living on the streets in the United 
States, involvement in commercial sex activity is a problem of 
epidemic proportion. The average age at which girls first 
become victims of prostitution is 12-14; for boys the average 
age of entry into prostitution is 11-13.
    The Committee notes that there are no precise statistics on 
the numbers of United States citizens or permanent residents 
who have been victimized through trafficking, however, as 
documented by the National Center for Missing and Exploited 
Children, the National Runaway Switchboard, and researchers at 
the University of Pennsylvania, among others, runaway and 
homeless children are highly susceptible to commercial sexual 
exploitation. An estimated 1.3 million to 2.8 million runaway 
and homeless youth live on United States streets. The Committee 
is concerned about United States persons who become subjects of 
trafficking for commercial sexual exploitation and encourages 
the law enforcement community at the State and local levels to 
focus efforts on prosecuting individuals who exploit others 
through prostitution and trafficking. New strategies and 
attention are needed to prevent the victimization of United 
States persons through domestic trafficking.
    Subsection (a) requires the Attorney General to perform a 
study and issue a report to Congress on the prevalence of 
severe forms of trafficking and sex trafficking in the United 
States and to recommend an approach to combatting these crimes 
by law enforcement. It is the Committee's intention that the 
study described in this section that addresses ``sex 
trafficking and unlawful commercial sex acts in the United 
States,'' include data on commercial sex acts that are not 
unlawful in those areas of the country where prostitution and/
or the purchase and sale of sex acts is legal, including two 
counties in Nevada. However, the term ``commercial sex act'' as 
defined by the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.), a definition adopted by this Act, may be 
read to include transactions relating to sex acts performed in 
the production of pornographic material that are not illegal in 
many areas of the country. The Committee does not intend for 
this study to include data on transactions made exclusively for 
the legal production of pornographic material. The Committee 
further notes, however, that it may be the case that unlawful 
commercial sex acts and, by definition, acts of sex trafficking 
occur with frequency in the context of the otherwise legal 
production of pornographic material. The studyshould not ignore 
this possibility and should include data arising in the context of the 
production of pornographic material to the extent that such data 
reflects acts of sex trafficking or unlawful commercial sex acts as 
dictated by the terms of the statute.
    The second part of this section authorizes a conference to 
present the findings and develop strategies to train law 
enforcement in best practices for combatting severe forms of 
trafficking in persons and reducing the demand for commercial 
sex acts, which fuels the demand for trafficking into 
prostitution. This section also requires the Secretary of 
Health and Human Services and the Attorney General to prepare 
reports on best practices for reducing the demand for 
commercial sex acts, which feeds the demand for trafficking 
into prostitution. The reports shall be posted on the websites 
of the Department of Health and Human Services (HHS) and the 
Department of Justice, respectively. The Committee does not 
require that the agencies conduct a joint study or issue a 
joint report. Following completion of each report, the 
Department of Health and Human Services and the Department of 
Justice shall establish and carry out programs to implement 
these practices.

Section 202. Establishment of grant program to develop, expand, and 
        strengthen assistance programs for certain persons subject to 
        trafficking

    This section establishes a grants program administered by 
HHS to support victim service providers by establishing a grant 
program to assist persons who are the subject of sex 
trafficking or severe forms of trafficking within the United 
States. The Committee notes that, as a result of the TVPA, 
foreign victims of severe forms of trafficking in the United 
States are legally required to be treated as victims, rather 
than as criminals. The same should be true for American 
citizens. Nonetheless, a nongovernmental organization 
advocating for exploited children issued a report in 2005 
concluding, in relevant part, that ``the implementation of the 
TVPA to date, both in terms of services and prosecutions, has 
assisted girls from abroad while ignoring girls in similar 
situations from the United States.'' In consultation with the 
committee of jurisdiction, it is the committees' intention that 
a grants program be established pursuant to this provision 
which will improve the provision of services to United States 
persons who are subjected to sex trafficking or a severe form 
of trafficking, as those terms are defined in this Act.
    Eligible grantees under this section are States, Indian 
tribes, units of local governments, and nongovernmental 
victims' service organizations (NGOs). The Committee intends 
eligible NGOs to include faith-based organizations.

Section 203. Protection of juvenile victims of trafficking in persons

    This section requires the Department of Health and Human 
Services to establish a pilot program to create long-term 
residential treatment facilities for United States citizens and 
permanent residents who are subjected to trafficking and are 
under the age of 18 at the time they are identified as victims 
of trafficking. Appropriations of $5 million per year for each 
of fiscal years 2006 and 2007 are authorized. The Committee has 
learned from both governmental and nongovernmental sources who 
work with trafficked children in the United States that a lack 
of housing options for such children is a debilitating 
impediment to providing effective rehabilitative and 
restorative help to escape commercial sexual exploitation. This 
section responds to that need. It is the Committee's intention 
that the pilot program be undertaken with a view to extending 
and expanding the provision of long-term residential treatment 
facilities in light of the outcomes of the program. The 
Committee encourages those implementing the pilot program to 
examine potential means of making the residential facilities 
financially self-sustaining, in whole or in part, to the 
greatest extent possible.

Section 204. Enhancing state and local efforts to combat trafficking in 
        persons

    This section establishes a grants program for State and 
local law enforcement to improve programs to investigate and 
prosecute acts of severe forms of trafficking in persons and 
sex trafficking involving United States citizens, or persons 
admitted for permanent residence, that occur within the 
territorial jurisdiction of the United States. The purpose of 
these grants is to shift the focus to prosecuting those 
individuals who exploit others for profit.
    The Committee intends for a grants program established 
pursuant to this section to improve the ability of State and 
local authorities to investigate and prosecute, either alone or 
in conjunction with Federal law enforcement, severe forms of 
trafficking and persons who engage in the purchase of 
commercial sex acts when they involve persons who are United 
States citizens or legal permanent residents.
    The Committee intends for a grants program established 
pursuant to this section to improve the awareness of state and 
local law enforcement authorities about the applicability of 
the TVPA to United States persons who are victims of a severe 
form of trafficking and to improve the ability of these 
authorities to investigate and prosecute, either alone or in 
conjunction with Federal law enforcement, such crimes when they 
involve victims who are United States citizens or legal 
permanent residents. The Committee reaffirms that under the 
TVPA any person younger than 18 years old ``induced to 
perform'' a commercial sex act is considered a victim of a 
``severe form of trafficking.'' The Committee is concerned that 
while Federal law recognizes juveniles exploited through 
prostitution as victims of crime, State andlocal systems may 
not be focusing efforts on prosecuting the traffickers, pimps and 
others, including purchasers of commercial sex acts, who exploit such 
juveniles.
    By applying this section on United States citizens and 
permanent residents, the Committee does not intend to limit or 
prevent law enforcement agencies from establishing, developing, 
expanding, or strengthening programs to investigate and 
prosecute acts of trafficking within the United States which 
involve trafficked persons who are not United States citizens 
or permanent residents, nor does the Committee intend to limit 
any currently existing authority of the Department of Justice 
to conduct grant programs in support of such efforts. The 
Committee supports the existing programs carried out under such 
authority and encourages their continuation. The Committee 
expects that the program authorized by this section will be in 
addition to the programs that currently exist.
    This provision requires grantees to work collaboratively 
with victim service providers and other NGOs. In implementing 
these grant programs, the Committee believes that the 
Department of Justice should give equal consideration to any 
application that includes the involvement of a faith-based 
organization, a non-faith- based organization, or both. By 
requiring that grantees under this section use a multi-
disciplinary approach which involves working collaboratively 
with victim service providers and other relevant 
nongovernmental organizations, the Committee seeks to ensure 
that efforts to prosecute acts of trafficking include as an 
integral component the rendering of assistance to trafficked 
persons to permanently escape from the trafficking situation.

Section 205. Report to Congress

    This section amends section 105(d)(7) of the TVPA, as 
amended by the Trafficking Victims Protection Reauthorization 
Act of 2003 (Pub. L. No. 108-193), to require that the annual 
report by the Attorney General to Congress required under that 
section will include information on the amount, recipient, and 
purpose of each grant issued pursuant to the grants programs 
established by sections 202 and 204 of this Act.

Section 206. Senior Policy Operating Group

    This section requires each Federal agency involved in 
providing grants to combat trafficking to apprise the Senior 
Policy Operating Group at the Department of State of its 
activities to ensure a coordinated approach to combating human 
trafficking.

Section 207. Definitions

    This section states that the terms ``severe forms of 
trafficking in persons'' and ``sex trafficking'' used in title 
II have the meanings given those terms in the Trafficking 
Victims Protection Act of 2000.

Section 301. Authorizations of appropriations

    This section authorizes funding for fiscal years 2006 and 
2007 for programs and activities under the Trafficking Victims 
Protection Act and makes amendments to that Act. Paragraph (4) 
authorizes appropriations to the Attorney General of $15 
million for each of the fiscal years 2006 and 2007. An 
additional authorization of appropriations in the amount of 
$250,000 to the President, acting through the Attorney General 
and the Secretary of State, for each of fiscal years 2006 and 
2007 is made to carry out training activities at the 
International Law Enforcement Academies for law enforcement 
officers, prosecutors and members of the judiciary regarding 
trafficking in persons.
    Paragraph (7) creates a new subsection 113(h) of the TVPA 
which authorizes appropriations to the Federal Bureau of 
Investigation (FBI) of $15 million for fiscal year 2006 to 
investigate severe forms of trafficking in persons. The 
Committee supports the efforts of the FBI to investigate acts 
of trafficking in persons, whether the victims involved are 
foreign nationals or United States nationals, and in 
particular, the initiative ongoing since 2003, known as 
``Operation Innocence Lost'' sponsored by the FBI Crimes 
Against Children Division in conjunction with the Department of 
Justice Child Exploitation and Obscenity Section and the 
National Center for Missing and Exploited Children, which is a 
nationwide initiative to focus on child victims of interstate 
sex trafficking in the United States. It is the Committee's 
intention that funds authorized under this paragraph will be 
used to expand these efforts.
    Paragraph (7) further creates a new subsection 113(j) which 
authorizes appropriations to the Secretary of Homeland Security 
of $18,000,000 for each of the fiscal years 2006 and 2007. The 
Department of Homeland Security's Bureau of Immigration and 
Customs Enforcement (ICE) continues to be a major stakeholder 
in the United States government's fight against human 
traffickers worldwide. ICE's efforts have led to numerous 
successful prosecutions that have affirmed ICE's crucial role 
in these investigations. ICE's institutional experience and 
knowledge of these investigations, as well as its wide range of 
authorities, expertise, and capabilities uniquely positions the 
agency to aggressively pursue these individuals and criminal 
organizations that exploit men, women, and children. The 
Committee supports the efforts of the FBI and the Department of 
Homeland Security to investigate acts of trafficking in 
persons, whether the victims involved are foreign nationals or 
United States nationals.

         Changes in Existing Law Made by the Bill, as Reported

    The bill was referred to this committee for consideration 
of such provisions of the bill as fall within the jurisdiction 
of this committee pursuant to clause 1(k) of Rule X of the 
Rules of the House of Representatives. The changes made to 
existing law made by the amendment reported by the Committee on 
International Relations are shown in the report filed by that 
committee (Rept. 109-317, Part 1).

                            ADDITIONAL VIEWS

    We support this bill and the important progress it will 
bring towards combating severe forms of trafficking, including 
sexual exploitation of women and children. However, we are 
disappointed that the Committee was unable to agree upon 
language to address access to victims services.
    The Minority sought to include an amendment to this bill 
that would have done two things. First, authorized the 
Department of Health and Human Services (HHS) to determine the 
eligibility of child trafficking victims for emergency services 
without the prior approval of law enforcement. Second, it would 
have provided a guardian ad litem to assist and usher children 
through the bureaucratic process of having their eligibility 
for social services determined.
    The U.S. government estimates that between 14,500 and 
17,500 individuals are trafficked into the U.S. each year. Up 
to 50% of these are individuals are believed to be under the 
age of 18, meaning that each year somewhere between 7,000 and 
9,000 children are trafficking into the U.S. each year. 
However, since the inception of its trafficking program in 
2001, as of October 1, 2005, HHS had certified only 841 
individuals as trafficking victims, only 82 of whom have been 
children. This disparity between estimated victims and 
identified victims demonstrates that much more needs to be done 
in educating individuals who may be coming into contact with 
victims, including state and local law enforcement officials. 
Further, the disparity between the estimated percentage of 
child victims (up to 50%) and the number of recognized child 
victims (less than 10%) confirms that the unique circumstances 
and special needs of child victims must be a focal point of 
such training if this population is to be properly served. The 
guidance and training mandated by this amendment would have 
helped achieve this goal.
    In the cases of the 82 children who have been granted 
eligibility for trafficking victim benefits, many have come 
into contact with multiple individuals before being identified 
as ``trafficking victims'' and before being referred for 
services. These cases reveal numerous lost opportunities for 
identification, including contacts the victims made with 
federal law enforcement, state and local police, hospitals, and 
child welfare specialists.
1. Clarify that HHS is not required to consult with DHS or DOJ in 
        providing assistance under the Trafficking Victims Protection 
        Act (TVPA) to children
    Since the enactment of the TVPA, delays in granting 
benefits to child trafficking victims have caused increased 
trauma to some child trafficking victims after they have 
escaped or been rescued from their conditions of exploitation. 
In some cases, while waiting for a determination of 
eligibility, child trafficking victims, whose needs often 
require immediate assistance, have been forced to remain in 
unsafe and unstable situations for weeks or months before they 
begin toreceive services. During this period of uncertainty, 
the roles responsibilities of different service providers become 
increasingly complex and confusing for children whose lives are left in 
limbo for weeks or months. This practice hinders the recovery process 
of child victims due to the increased stress, uncertainty and burden 
they faced in the process of obtaining eligibility for benefits and 
services.
    In many cases, this delay has been a result of HHS waiting 
for a referral from a law enforcement official or agency. This 
proposed amendment set out to clarify the erroneous 
interpretation that law enforcement agencies are the only 
sources capable of putting forth credible evidence on behalf of 
a child who is believed to be a victim of a severe form of 
trafficking. In assessing a child's eligibility for benefits 
and services as a trafficking victim, HHS should rely upon 
credible evidence presented by sources including, but not 
limited to, law enforcement, attorneys, charitable 
organizations, child welfare specialists, or other social 
service providers. What constitutes credible evidence ought to 
be evaluated on a case-by-case basis depending upon the unique 
circumstances of each case presented and the evidence 
available. The final determination of a child's eligibility 
should be based upon an evaluation of the facts presented to 
HHS. That determination should be made promptly without 
unreasonable delay so that child trafficking victims may access 
the emergency services they need.
    Federal agencies working with child trafficking victims 
must have clear roles and responsibilities and an effective 
division of labor in order to protect victims, prosecute 
perpetrators and to prevent future instances of child 
trafficking. Under section 107(b) of the TVPA child trafficking 
victims are not required to cooperate with law enforcement to 
receive the benefits and services available to them. However, 
current practice is in direct violation of section 107(b) of 
the TVPA, creating a chilling effect that is discouraging child 
victims from accessing services.
    Service providers have identified situations in which law 
enforcement agencies have insisted upon interviewing the child 
because HHS would not make a decision regarding the status of 
the child until they received a formal endorsement from law 
enforcement. In reaction, children have avoided presenting 
themselves to HHS out of fear of being forced to undergo 
extensive interviews with law enforcement in order to receive 
services. Consequently, child victims are likely to stay in 
their life-threatening situations because they fear 
interrogation or being forced to testify against their abusers.
    In response to this practice, prominent members of Congress 
(Rep. Christopher Smith, Rep. Frank Wolf, Rep. Joseph Pitts, 
Rep. Tom Lantos, and Senator Brownback) signed a letter to 
Secretary of Health and Human Services Michael Leavitt in July 
2005 requesting immediate rescission of the HHS policy 
requiring child trafficking victims to cooperate with law 
enforcement. This amendment would have rectified this damaging 
practice by clarifying the division of roles and 
responsibilities between federal agencies in the determination 
of whether a child has been subject to any of the acts 
described in section 103(8) of the TVPA.
    In order to ensure that child victims of trafficking are 
granted the emergency benefits and services they need, 
regardless of their ability or willingness to participate in 
the investigation and prosecution of their traffickers, it is 
imperative that HHS have the exclusive and independent 
discretion to review the facts of the child's case to assess 
the child's status as a victim of a severe form of trafficking. 
Forcing a child to participate in an interview with a law 
enforcement agent in order to receive life-saving assistance is 
equivalent to forcing the child to cooperate with law 
enforcement. Any such requirement violates the letter and 
spirit of the TVPA.

2. Guardian ad litem to assist in assessing children's eligibility for 
        assistance under the Trafficking Victims Protection Act.

    Authorizing the appointment of a guardian ad litem would 
ensure that the child's best interests are taken into 
consideration concerning his/her care, custody, placement, 
emergency services and immigration applications. A guardian 
would help ensure that child victims of trafficking have access 
to information regarding the federal programs for which they 
are eligible and help them understand their rights and options. 
Likewise, the guardian would assist HHS in an investigation of 
the facts of the child's case in order to determine whether a 
child has been subject to any of the acts described in section 
103(8) of the TVPA.
    Child trafficking victims seldom identify themselves as 
``trafficking victims'' and rarely have information about the 
services available to them or how to go about accessing those 
services. In many cases, child trafficking victims are afraid 
of presenting themselves to the government for fear they will 
be deported for being in the country illegally or punished for 
acts they have been forced to perform. Furthermore, in many 
cases, children have been unable to articulate their 
circumstances in a manner clear enough for HHS to determine 
they meet the legal definition of a victim of a severe form of 
trafficking. This amendment would have offered the Secretary an 
additional tool to utilize in determining a child's status as a 
trafficking victim, helping to prevent unnecessary delays or 
incorrect determinations.
    A guardian ad litem would only be necessary in the initial 
determination process. Once a child has been deemed eligible 
for benefits and services as a victim of a severe form of 
trafficking by HHS, the child is either in the care of a parent 
or legal guardian or, in the case of an unaccompanied child, 
placed in the care of the Unaccompanied Refugee Minor (URM) 
program. At that point, the parent, legal guardian or child 
welfare agency acts as the guardian for the child.
    The guardian should have immunity and privileges from being 
called as a fact or expert witness in any federal or state 
prosecution so that the guardian is not placed in the position 
of exposing information that could result in a security risk 
for the child or information that could in any way prejudice 
the prosecution of the traffickers. Guaranteeing that 
communications between a child trafficking victim and his/her 
guardian ad litem are privileged is critical to ensuring that 
the guardian ad litem can act in the best interest of the child 
most effectively. If information shared with a guardian ad 
litem were not privileged, guardians may not be able to uncover 
the details of a child's case to its fullest for concern that 
their efforts may end up adversely affecting the child in the 
future. This concern has been expressed by case managers and 
clinicians working with child trafficking victims who may 
intentionally avoid delving into too many details of the 
child's case for fear that their case notes may be subpoenaed 
or that they may be called as a witness. An advocate tasked 
with the responsibility of acting in the child's best interest 
should be free to understand the child's wants and needs to the 
best of his or her ability without such concern. For this 
reason, it is vital that those communications be fully 
confidential. This amendment would offer that guarantee.

                                   John Conyers, Jr.

                                  
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